{"id":28963,"date":"2023-10-10T10:20:38","date_gmt":"2023-10-10T09:20:38","guid":{"rendered":"https:\/\/cannabishealthnews.co.uk\/?p=28963"},"modified":"2023-10-10T10:23:48","modified_gmt":"2023-10-10T09:23:48","slug":"germanys-cannabis-legalisation-marches-on-despite-obstacles","status":"publish","type":"post","link":"https:\/\/cannabishealthnews.co.uk\/2023\/10\/10\/germanys-cannabis-legalisation-marches-on-despite-obstacles\/","title":{"rendered":"Germany\u2019s cannabis legalisation marches on despite obstacles"},"content":{"rendered":"

Via Business of Cannabis<\/em><\/a><\/p>\n

On Friday 29 September, opponents of Germany\u2019s Cannabis Act (CanG) failed to prevent the bill from progressing in the German Federal Council (Bundesrat).<\/strong><\/h3>\n

Two key \u2018possible showstoppers\u2019 failed to gain enough support in the Bundesrat, the German upper house that represents the country\u2019s 16 states at a federal level, meaning the house \u2018ultimately cannot prevent the legalisation of cannabis\u2019.<\/p>\n

More than 80 recommendations were made by the states, however, with concerns raised about the considerable financial and practical resources necessary for each state to effectively enforce the proposals.<\/p>\n

While the bill is no longer under threat of being entirely thwarted by the Bundesrat, the progress of Pillar 1 is widely anticipated to face further delays.<\/p>\n

What actually happened?<\/strong><\/h4>\n

On August 16, 2023, Germany\u2019s Federal Government (Bundesregierung) officially approved<\/a> the draft bill of Pillar 1 of its cannabis legalisation strategy.<\/p>\n

This bill has proposed<\/a>\u00a0to make possession of up to 25 grams of cannabis legal for adults, enable home cultivation of up to three plants, roll out not-for-profit cannabis cultivation clubs and, crucially, remove cannabis from the Narcotics Act.<\/p>\n

Following approval by the Federal Government, the draft bill was passed to the Bundesrat to give the individual states an opportunity to comment on it for the first time last week.<\/p>\n

Over 80 individual motions were prepared and put forward by the various committees of the Bundesrat \u2013 two of these motions were the most crucial.<\/p>\n

Firstly, Bavaria\u2019s Health Minister Klaus Holetschek (CSU)\u00a0announced ahead of Friday\u2019s session<\/a>\u00a0that he planned to \u2018take all possible legal steps to take action against the law if it comes into force\u2019.<\/p>\n

In an effort to stop the bill in its tracks before getting to the point of launching a legal challenge, Mr Holetschek submitted a plenary motion in the Bundesrat \u2018that will completely reject the draft law\u2019.<\/p>\n

This was ultimately rejected by the Bundesrat, with the motion failing to find a majority in the chamber.<\/p>\n

CEO of Germany\u2019s Cannovum Cannabis AG Klaus Madzia told\u00a0Business of Cannabis<\/i> he believed that much of the Bavarian minister\u2019s fierce rhetoric was due to looming state elections.<\/p>\n

\u201cRemember, next week there\u2019s going to be elections in Bavaria, so I expect some of the rhetoric to tone down extensively after those regional elections. Simply because the legalisation of cannabis, among certain members of the conservatives in Germany, is always a hot button issue. You touch it and you get coverage.\u201d<\/p>\n

Secondly,\u00a0a motion was put forward by SPD ministers<\/a>\u00a0from Hamburg, Thuringia and Lower Saxony, which would have made the passage of the law dependent on approval from the states in the Bundesrat, which also posed a legitimate threat to the bill\u2019s future.<\/p>\n

This, too, failed to gain enough support in the Bundesrat, meaning the threat of derailment from the Federal Council is all but over.<\/p>\n

What happens next?<\/strong><\/h4>\n

The Bundesrat\u2019s statements will now go back to the Federal Government, which in turn will prepare counter-statements and submit the bill to the German parliament (Bundestag) to be voted on by democratically elected lawmakers.<\/p>\n

If the bill passes through parliament, it will return to the Federal Council for final discussions, before being signed into law.<\/p>\n

But how much is the bill expected to change in that time, given the 80+ recommendations for amendments that were put forward by the states in the Bundesrat?<\/p>\n

\u201cThe Bundesrat only has to be consulted on this matter, but has no say in the matter,\u201d Kai-Friedrich Niermann, cannabis lawyer and industry expert,” explained.<\/p>\n

\u201cThis is because it is not a consent law, but merely an objection law. An objection by the Bundesrat can be overruled by a majority of the Bundestag.<\/p>\n

\u201cThese proposed changes can be taken into account by the Bundestag, but do not have to be. Should the Bundesrat then object in the 2nd session by having to deal with the draft, it can be rejected by the Bundestag.\u201d<\/p>\n